Terms of use

The Terms of Use were last modified in November 2023.

Fidelity Investments Canada ULC (“FIC”) is pleased to provide you with the information on all FIC Sites (the term “FIC Site” refers to all websites, as well as the content on them). Your use of the FIC Sites is subject to the following Terms of Use ("Terms").

These Terms incorporate by reference the additional policies, statements, disclosures, notices and other documents listed under the “Legal” section of the FIC Sites and are a binding contract between you and FIC. By using or accessing the FIC Sites, you accept and agree to be bound by these Terms. Your use of the FIC Sites is governed by the version of the Terms in effect on the date the FIC Site is accessed by you. FIC may modify these Terms at any time and without prior notice to you. You may not change these terms in any manner. You should check back periodically to review the most current version of this document by visiting http://institutional.fidelity.ca and clicking on the Terms of Use hyperlink located at the bottom of each page. These Terms are in addition to any other agreement(s) between you and FIC, including any customer or account agreement, and any other agreement that govern your use of products, services, content, tools, and information available on the FIC Sites.

 

Use of the FIC sites

The FIC Sites are intended only for your personal, non-commercial use, unless you and FIC have agreed otherwise in writing. Please discontinue the use of any FIC Site if, at any time, you do not accept these terms.

 

Fidelity investments

“Fidelity Investments” and/or “Fidelity” refers collectively to: i) FMR LLC, a US company, and its subsidiaries, such as Fidelity Management & Research Company (FMR Co.), and FIAM LLC; and ii) FIC and its affiliates.

 

Fidelity international

Companies within the FIL Limited group (commonly known as Fidelity International) act as sub-advisor in respect of certain FIC investment products or mandates. Fidelity International refers to the group of companies which form the global investment management organization that provides information on products and services in designated jurisdictions outside of North America.

 

Institutional investor

For purposes of the FIC Sites, the term "Institutional Investor" includes but is not limited to sophisticated non-retail investors such as investment companies, investment advisors, plan sponsors, endowments, foundations, and governmental entities. Certain products and investment services may only be offered to Institutional Investors who are also "accredited investors" as defined by National Instrument 45-106 - Prospectus and Registration Exemptions.

 

Information for non-canadian investors

The FIC Sites are intended to be made available only to current and prospective Institutional Investors in Canada. Nothing on the FIC Sites shall be considered a solicitation to buy or an offer to sell products or services including any securities or any other financial instrument, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.

 

No investment recommendations or professional advice; no offer to buy or sell any securities

All information provided on a FIC Site is intended for informational purposes only. The FIC Sites and any materials or documents found therein are not intended to provide tax, legal, insurance, financial, accounting or investment advice, and nothing on the FIC Sites and any materials or documents found therein should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any products or services including any securities or any other financial instrument by FIC or any third-party. FIC shall not be responsible for any liability should you act or rely on any such information. FIC does not provide legal, insurance, financial, accounting, investment or tax advice, and we encourage you to consult your own lawyer, accountant or other advisor before making an investment.

Views expressed regarding a particular company, security, industry or market sector are the views of only that individual as of the time expressed and do not necessarily represent the views of FIC or any other person in the Fidelity organization. Any such views are subject to change at any time based upon markets and other conditions, and Fidelity disclaims any responsibility to update such views. These views may not be relied on as investment advice. 

 

Forward-looking statements/past performance is no guarantee of future results

The FIC Sites may include materials and documents containing forward-looking statements which are based on certain assumptions of future events. Forward-looking statements are based on information available as of the date the forward-looking statement was made. FIC undertakes no obligation to update or revise any forward-looking statements, and users should check the "as of" dates of all published materials. Actual results could differ materially from those anticipated in the forward-looking statements.  There can be no assurance that forward-looking statements, including any projected returns, will materialize or that actual market conditions and/or performance results will not be materially different or worse than those presented. Past performance is no guarantee of future results. In addition, FIC, its affiliates and staff may own or have positions in any investment mentioned herein or any investment related thereto and from time to time add to or dispose of any such investment.

 

Copyright policy, linking policy and trademarks

The FIC Sites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in any FIC Site, including any text, graphics, video, audio, software code, user interface design or logos.

You need to obtain FIC’s prior written consent prior to linking to a FIC Site. Unless you and FIC have agreed otherwise, links from another website to a FIC Site must resolve to the top-level homepage of a FIC domain (e.g., http://institutional.fidelity.ca).

In order to avoid confusion, if you do link from another website to the FIC top-level homepage, your website, and the link itself, may not suggest that FIC endorses, sponsors or is affiliated with any non-FIC entity, service or product, and may not make use of any trademarks or service marks of FIC or any of their affiliates other than that contained within the text of the link itself.

All trademarks and service marks on a FIC Site belong to FIC or an affiliate, except for third-party trademarks and service marks, which are the property of their respective owners.

FIC either owns the intellectual property rights in the underlying HTML, text, images, audio clips, video clips, software and other content that is made available to you on the FIC Sites or has obtained the permission of the owner of the intellectual property in such content to use the content on the FIC Sites. The display of trademarks on pages on the FIC Sites does not imply that any license has been granted to any third party.

FIC grants to you a non-exclusive, personal, non-transferable, non-sub-licensable, limited and revocable right to display the content on its FIC Sites on your computer and print such content on your printer solely for your own personal non-commercial use provided that you do not modify such content and that you do not delete any of the proprietary notices in such content.

All information on the FIC Sites is protected by the copyright copyright or other intellectual property laws of Canada and/or the equivalent laws of other countries. Information of the FIC Sites may only be reproduced or used with the prior written consent of FIC. FIC shall not be responsible for any loss or damage that may result from the reproduction or use of the any information on a FIC Site, other than in accordance with these Terms. 

If you believe that content on a FIC Site has copied your work in a way that constitutes copyright infringement, please provide FIC with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
  • A description of the allegedly infringing material, including where that material is located on the FIC Sites;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement by you that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the applicable copyright owner.

FIC's Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Robyn Mendelson, Vice-President, Legal and Procurement, Fidelity Investments Canada ULC, 483 Bay Street, South Tower, Suite 900, Toronto, Ontario M5G 2N7.

By phone: (416) 217-5857

By email: robyn.mendelson@fidelity.ca

 

Third-party content and sites

The FIC Sites include general news and information, commentary, research reports and data concerning the financial markets, securities and other subjects. Some of that content is supplied by companies that are not affiliated with FIC ("Third-Party Content"). Most Third-Party Content is available through framed areas or through hyperlinks to third-party websites (“Third-Party Sites”), and its source is clearly and prominently identified.

FIC’s website uses YouTube's API services in connection with embedding video thumbnail images and descriptions provided by YouTube LLC (“YouTube”). As such, you acknowledge and agree that by accessing the videos linked through the embedded video thumbnail images and descriptions, you are also bound by YouTube’s Terms of Service and Google’s Privacy Policy. Using YouTube’s offering requires a connection to be established to YouTube’s servers. During this process, certain information is transmitted to YouTube. We do not control the collection, storage or use of any of your information by YouTube and do not have access to any information collected. You should review Google’s and YouTube’s Privacy Policies carefully before you use any YouTube features. Further information about how your data are collected and used by YouTube and your rights in relation to this can be found in YouTube's privacy policy at www.youtube.com.

Although Third-Party Content may be framed-in on a FIC Site or available through a link to a Third-Party Site, FIC does not prepare, edit or endorse Third-Party Content. FIC therefore does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any Third-Party Content, advertising, products or other materials on or available from Third-Party Site. You will use Third-Party Content only at your own risk.

 

Timeliness of content

All content on the FIC Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. FIC does not undertake to keep all content current. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

 

Means of access

Although you may use other means to access the FIC Sites, be aware that the FIC Sites may not appear accurately through other access methods, and you use them only at your own risk.

You should not access the FIC Sites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by FIC.

Certain parts of the FIC Sites may require a login and be password-protected. You may not obtain or attempt to obtain unauthorized access to such parts of the FIC Sites, or to any other protected materials or information, through any means not intentionally made available by FIC for your specific use.

You may also be required to agree to other terms of use (“Other Terms”) as a condition of accessing or using certain content or services made available through the FIC Sites. Such content and services may be hosted on systems and servers located in jurisdictions outside of Canada and managed by related companies of FIC. Unless otherwise agreed with you in writing, FIC is not responsible for the availability of such sites, due to system or network outages, or otherwise. In addition, FIC will not have any liability to support such content or services, or to supply corrections or new releases. Your access to and use of such content and services will be governed by the applicable Other Terms, including with respect to the collection and processing of your data in connection with your use. In the event of any conflict with these Terms, the Other Terms will prevail with respect to your access to, and use of, the specific content or services to which the Other Terms pertain. FIC disclaims any and all liability in connection with your use of any such content or services that you access through a FIC Site and which are governed by Other Terms. 

 

Prohibited uses

Because all servers have limited capacity and may experience high traffic from time to time, you must not use the FIC Sites in any manner that could damage or overburden any FIC server, or any network connected to any FIC server. You must not use the FIC Sites in any manner that would interfere with any other party's use of the FIC Sites.

You also agree that you will not use the FIC Site to: (i) violate any laws or third party rights; (ii) upload, post, email, transmit, or otherwise make available any content that unlawful, that you do not have a right to make available under any law or under contractual or fiduciary relationships or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iii) transfer your user account to another party without FIC’s prior consent; and/or (iv) copy, modify, or distribute any content available on the FIC Site. You shall abide by all rules and regulations published by FIC from time to time in respect of your use of the FIC Site.

 

Privacy

FIC is committed to keeping your personal information confidential and safe in accordance with FIC Site’s Privacy Policy , which is part of and is hereby incorporated into these Terms. By using the FIC Site and/or submitting information to us in connection with using the FIC Site, you are providing your consent to the collection, use and disclosure of personal information as set out in this Privacy Policy.

 

Password security and notification

Your privacy and confidentiality cannot be ensured if you communicate any information to FIC over the Internet, or if we communicate any information to you over the internet at your request. If you receive communication from FIC in error, please notify us immediately by return e-mail or otherwise and permanently delete the entire communication from any computer, disk drive, or other storage medium.

If you have a User ID and password for access to non-public areas of the FIC Sites, you are solely responsible for all activities that occur in connection with your User ID. Accordingly, you should take steps to protect the confidentiality of your password. Notify FIC immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

FIC is not responsible for any loss or damages you may incur if you transmit your password, or any other confidential, personal or sensitive information to us or if we communicate any confidential, personal or sensitive information to you or a third party at your request.

 

Calculators and interactive tools

Calculators, interactive tools and any projections or information derived from such calculators or interactive tools are for informational purposes only and FIC does not warrant or represent that such projections or data are accurate. You accept such tools “as is”, “as available” and solely at your own risk.

 

Disclaimer of warranties

  • FIC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE FIC SITES, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING AMONG OTHERS, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PURPOSE AT ANY TIME OR NON-INFRINGEMENT.
  • THE FIC SITES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND FIC DOES NOT WARRANT THAT ANY DEFECTS, OMISSIONS OR INACCURACIES WILL BE CORRECTED. FIC SHALL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF ANY DEFECTS, OMISSIONS OR INACCURACIES ON ANY FIC SITE.
  • FIC DOES NOT REPRESENT OR WARRANT THAT THE FIC SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. FIC ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE FIC SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FIC SITES WILL MEET YOUR EXPECTATIONS.

Limitation of liability

  • FIC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIMS, LOSSES OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED, TO LOST PROFITS, TRADING LOSSES, LOSS OF DATA OR ITS USE, BUSINESS INTERRUPTION OR DAMAGES THAT RESULT FROM THE USE OR TEMPORARY OR PERMANENT LOSS OF USE OF THE FIC SITES, THIRD-PARTY SITES OR THIRD-PARTY CONTENT) INCURRED BY YOU OR ANYONE ELSE, WHETHER ALLEGED TO HAVE ARISEN UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE AT LAW. THIS IS TRUE EVEN IF FIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR COULD HAVE FORESEEN THE DAMAGES OR LOSS.
  • IN ADDITION, FIC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIMES, LOSSES OR DAMAGES RESULTING FROM, AMONGST OTHER THINGS, THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOUR DISPUTE AND OTHER LABOUR PROBLEMS, ACCIDENT, EMERGENCY (INCLUDING EPIDEMICS, PANDEMICS OR OTHER PUBLIC HEALTH EMERGENCIES) OR ACTION OF GOVERNMENT.

 

Indemnification

As a condition of your use of the FIC Sites, you agree to hold FIC and its third-party providers harmless from, and indemnify FIC and its third-party providers harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) incurred by you arising from your use of the FIC Sites, or from your violation of these Terms.

 

Changes to the FIC sites

Unless otherwise agreed, FIC may discontinue or modify the FIC Sites at any time without prior notice to you, and you accept those modifications if you continue to use the FIC Sites.

 

Termination

FIC may terminate your access to the FIC Sites for any reason, without prior notice.

 

Governing law

Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflicts of law. Any dispute between you and FIC or any other person arising from, connected with or relating to the FIC Site, these Terms, or any related matters (collectively “Disputes“) will be resolved before the Courts of the Province of Ontario, sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of these courts in respect of all Disputes.

 

Benefit

These Terms shall inure to the benefit of FIC successors and assigns, whether by merger, consolidation or otherwise. You may not assign these Terms or the rights and obligations under these Terms.  FIC may assign these Terms and its rights and obligations under these Terms without your consent.

 

Severability

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

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